me and my two friends got pulled over last night. the driver was 19 and the other two of us are 17... we get pulled over for speeding and soon we find 5 cop cars behind us. eventually they tell us to step out the car, and then tell the driver that they had to search his car because he had a suspisious record (he hsant been charged for anythign). they search the car and he even asks the police that they have to have concent which he didnt give. then they found a liquour bottle in the back,. they told us it was illegal to transport liquour, and we told them it was his dads (which for the first time, it actually was) they said it didnt matter and we still couldnt. eventually they dumped out the alcohol, couldnt find any drugs after 3 tries with the k9 dogs. and hour an half later we drive off with a 5 point 270 dollar ticket for driving 77 in a 45...
now tell me
were they allowed to search the car
is a 19 year old allowed to transport alcohol
are they allowed to call k9 dogs on the cr
2007-07-22 05:08:23 · 8 answers · asked by bamboozlefcb 1 in Politics & Government ➔ Law Enforcement & Police
Based solely on what your side of it says, I would say that they didn't have consent. They don't have to have you consent to run a K9 on the vehicle. The fact that 5 police cars showed up when you were stopped makes me believe that you may not be telling the whole story. Sounds as if they got a complaint on you for something more than just speeding and they stopped you for a reason, which in turn may have given them probable cause to search your vehicle. IMO.
2007-07-22 05:17:28 · answer #1 · answered by ARCop 3 · 0⤊ 0⤋
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2016-06-11 10:26:24 · answer #2 · answered by Felicia 3 · 0⤊ 0⤋
Yes, they were allowed to search the car. The speeding was probable cause that some crime (speeding) had been committed. That gave them legal authority to pull the car over.
Once the car was pulled over, they can conduct a search of the passenger area. Especially since the 32+ mph difference is grounds for reasonable suspicion of other criminal activity.
As far as whether the laws your your state/county allow people under 21 to transport alcohol, that depends on where you are. But assuming that the laws actually do prohibit it, that's legal. And if the laws don't prohibit it, that part can be challenged in court.
2007-07-22 05:37:30 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Yes. 77 in a 45 is 32 MPH over the posted speed limit your friend is lucky he didn't go to jail in the state of Arizona I would have taken him in a charged him with a felony. Then I would have impounded the car and made you walk home from where you you at. If not taking you downtown as well for the booze.19 year olds can transport booze but I am sure that it was an open container and not a case of beer in a company van for a bar or restaurant.
2007-07-22 05:44:12 · answer #4 · answered by Steven C 7 · 0⤊ 0⤋
I think they are allowed to search the vehicle when you commit a misdemeanor traffic offense. Reckless driving, 30 mph over the limit justifies the search. Not sure about the alcohol law.
Yes, allowed to use dogs in the search. You committed a crime. A misdemeanor is a crime.
I would be suprised if, in some states your driving would not be considered a felony. You could have avoided this whole mess by obeying traffic laws. You really only have yourself to blame for the problems you get from this. If you drove the speed limit and they pulled you over, they would be wrong to search your car.
2007-07-22 05:13:26 · answer #5 · answered by eldude 5 · 0⤊ 0⤋
once they pulled you over for speeding they could say they had probable cause to do a search-and your permission is not needed. The K-9 is part of the search. No one under the legal age of drinking is allowed to have alcohol in a car under their control. Your friend violated the first rule-never do 2 things wrong at the same time. He shouldn't have been speeding
2007-07-22 05:32:50 · answer #6 · answered by JF 3 · 0⤊ 0⤋
1st I doubt the story went as you said it did. I think you might have titled the story a bit.
here is the answer to the question, Yes they do have the right to search without your consent. if there was a liquor bottle in the back seat all they have to do is say it was in plain sight and it gives them probable cause to search. they do o not need permission for a dog to search the outside of a vehichle ever been to the border they do this all day long.
if they would have found drugs in the car and you said they were your dads do you think you wouldnt be charged. the trusth is everytime you get behind the wheel you make a silent agreement (comes with agreement for license) that you have inspected the car to make sure everything is in working order that the tags are good that the car is insured and that you know the contents of the car. this rules out the its my friends car i didnt know it wasnt insured and its not my dime bag becuase it is not my car. you take ownership when you get behind the wheel legally
2007-07-22 05:24:51 · answer #7 · answered by Anonymous · 1⤊ 0⤋
They are not allowed to search the car without consent or probable cause, plus they are only allowed to search the outside perimeter with the K9 dog if you did not consent to have your vehicle search.
2007-07-22 05:12:34 · answer #8 · answered by AZTECAMAN 4 · 0⤊ 1⤋